GE.19-14263 (E) 260919 270919
Human Rights Council
Working Group on the Universal Periodic Review Thirty-fourth session
4–15 November 2019
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Iraq
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
A/HRC/WG.6/34/IRQ/1
General Assembly Distr.: General 22 August 2019 English
Original: Arabic
Contents
Page
I. Introduction ... 3
II. Methodology and process for drafting the report ... 3
III. Developments in core information ... 3
IV. Developments in the normative framework for human rights ... 3
V. Developments in the human rights institutional infrastructure ... 4
VI. Objective presentation of actions taken in relation to the previous review (implementation of recommendations)... 6
VII. Achievements and challenges ... 30
VIII. Capacity-building expectations ... 30
IX. Conclusion ... 30
I. Introduction
1. Iraq submitted its second national report1 to the Human Rights Council and engaged in the interactive dialogue. As a result of that process, 229 recommendations were forthcoming of which Iraq accepted 175 and rejected 54.
2. During the time frame in which Iraq was to implement the recommendations emerging from its second cycle report, the country was the object of a pitiless invasion by the terrorist group Islamic State in Iraq and the Levant (ISIL),2 which for most citizens has had a negative impact on the exercise of their rights and fundamental freedoms.
II. Methodology and process for drafting the report
A. Description of the methodology
3. A national committee for coordination and follow-up3 has been re-established. It is responsible for following up on the implementation of the national human rights plan with a view to meeting the international obligations arising from recommendations made during the second cycle of the universal periodic review. A special email account4 has been set up in the Ministry of Justice to facilitate communication between stakeholders.
4. A national committee has been created for the drafting of reports under ratified human rights treaties.5
5. In order to draft the present report, a governmental subcommittee6 was set up under the leadership of the Ministry of the Justice and with representatives from the Council of Representatives, the Secretariat of the Council of Ministers, the National Security Advisory, the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Planning, the Ministry of Education, the Ministry of Labour and Social Affairs, the Ministry of Health and the Ministry of the Kurdistan Region. Other competent bodies were also involved in the process (see annex 1).
B. Consultative process
6. The report is the result of a participative process conducted by the drafting committee through meetings, workshops and meetings with focal points in competent ministries, including the Ministry of the Kurdistan Region.
III. Developments in core information
7. The total surface area of Iraq is 435,052 km2 and its inhabitants, according to estimates for 2018,7 number 38,124,182 of whom 70 per cent live in urban areas and 30 per cent in rural areas. Fifty-one per cent of the population is male and 49 per cent female.
Persons under the age of 15 account for 40 per cent of the total, persons of working age (15 to 65) account for 56 per cent and persons 65 and older 3 per cent. The population growth rate is 2.58 per cent and the dependency ratio is 77.1 per cent.
8. The total area of Kurdistan Region is more than 40,000 km2, divided into governorates and its inhabitants number more than 5.2 million.
IV. Developments in the normative framework for human rights
A. Laws and other legislation
9. Numerous laws and other pieces of legislation were enacted during the period covered by the report (see annex 2).
B. Policy measures
10. A number of national strategies and related plans were adopted during the period covered by the report. They include:
• A poverty reduction strategy 2018–2022;
• An infectious disease containment strategy 2018–2022;
• A vocational and technical training strategy for Iraq 2014–2023;
• A national strategy for reproductive health and for the health of mothers, newborns, children and adolescents 2018–2020;
• A nutrition and food safety strategy 2018–2022;
• A national strategy to combat violence against women and to build capacity among women in Kurdistan Region 2017–2027;
• A national strategy to build capacity among women in Kurdistan Region 2017–
2027;
• A national development plan 2018–2022;
• A national plan for the implementation of Security Council resolution 1325 (2000);
• A humanitarian response plan to provide relief, shelter and resettlement for displaced families 2018.
11. The Government’s programme for 2018–2022 has a focus on sustainable development and social services while aiming to improve correctional institutions and promote human rights by:
• Building prisons that comply with international standards and improving health conditions therein;
• Opening a national psychological support centre and finding employment for inmates;
• Producing statistics relevant to human rights;
• Fulfilling the international human rights reporting obligations of Iraq;
• Continuing to adopt a health insurance system, improving the quality of health-care services and reducing mortality;
• Supporting income-generating projects to provide work for unemployed persons;
• Encouraging the voluntary return of displaced persons and migrants.
C. Rulings of domestic courts
12. The domestic courts have handed down dozens of rulings that promote the rights of women, families, children, workers and minority groups, that uphold freedom of opinion and expression and the right to life and that combat human trafficking. See paragraphs 66, 67, 68, 110, 113 and 169 of the present report.
V. Developments in the human rights institutional infrastructure
Recommendation 59
13. Iraq is proceeding with its efforts to develop a human rights institutional framework.
This includes:
• The Ministry of Justice – Human Rights Division. With the suppression of the Ministry of Human Rights in 2015, responsibility for the international human rights
obligations of Iraq passed to the Legal Division of the Ministry of Justice.8 Then, in 2019, the Human Rights Division was set up, which has the task of protecting and promoting respect for human rights and for fulfilling the country’s concomitant obligations;
• Women’s Empowerment Division of the Secretariat of the Council of Ministers. This was created in 2016 following the suppression of the Ministry of Women’s Affairs.
Its role is to implement important decrees affecting Iraqi women, to follow up on the implementation of international treaties and domestic laws and to draft bills intended to combat domestic violence;
• The human rights office in the Advisory Panel of the Office of the Prime Minister.
Created in 2016, its task is to coordinate policies and programmes concerning human rights and fundamental freedoms, follow up on the country’s international obligations in that regard, in coordination with the Ministry for Foreign Affairs and the Ministry of Justice, and submit recommendations made by the committees responsible for treaties and national reports to the Council of Ministers, in coordination with the Ministry of Justice;
• Ministry of Labour and Social Affairs – Social Protection Commission. The Commission provides cash assistance and social services to families and individuals who are below the poverty line. In the period 2017–2019, the amounts allocated and paid out to the Commission from the general budget, not including Kurdistan Region, were as follows:
Year Allocation Paid out Observations
2019 3 120 000 000 000 336 745 685 348 First payment 2018 1 975 000 000 000 1 966 486 696 377
1141383 families benefited from final payment
2017 1 875 000 000 000 1 844 997 934 582
1098236 families benefited from final payment
• Ministry of Labour and Social Affairs – Commission for the Care of Persons with Disabilities and Special Needs. This body is responsible for drafting and approving policies governing its own activities overseeing the fulfilment of special requirements and proposing employment policies for persons with disabilities and special needs;
• Labour tribunal. The tribunal examines cases and disputes – both civil and criminal – as envisaged in the Labour Code9 and laws governing contracts and workers’
social security;
• High Commission for the Advancement of Women in Rural Areas,10 which is headed by the Secretary of the Council of Ministers;
• The Standing High Commission for the Advancement of Iraqi Women;11
• High Commission for Peaceful Community Coexistence;12
• Reselection of members of the Iraqi High Commission for Human Rights;13
• Human rights and gender units have continued to be set up within government institutions;
• Office of the Coordinator for International Recommendations in Kurdistan Region.
The Office, which is associated with the Council of Ministers of Kurdistan, works to protect and monitor human rights, and the Coordinator is responsible for communication and consultation with international entities, the Region’s governmental institutions and their opposite numbers in the federal Government;
• Directorates and offices to combat violence against women in Kurdistan Region;
• Directorate for Religious Coexistence in the Ministry of Endowments and Religious Affairs in Kurdistan Region;
• Joint working group of the Government of Kurdistan and the United Nations Assistance Mission for Iraq (UNAMI) for the inspection of prison conditions in Kurdistan Region;
• Prime ministerial committee for the liberation of Yazidis abducted by ISIL in Kurdistan Region.
VI. Objective presentation of actions taken in relation to the previous review (implementation of recommendations)
A. Promotion and protection of human rights
1. Accession to international human rights instruments
Recommendations 1, 18 and 21
14. Iraq ratified the Convention on the Rights of the Child in 1994 and the First and Second Optional Protocols to the Convention in 2008. It is still considering how to adapt its legal order prior to acceding to the Third Optional Protocol. In addition, it ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2011.
15. Iraq is examining the possibility of acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, determining the extent to which the provisions of the Convention can be integrated into relevant domestic legislation and laws.
16. Foreign workers in Kurdistan Region enjoy the same rights and privileges as locals, such as social insurance, and 17 per cent is deposited into the social insurance fund.
Recommendations 36, 37, 38 and 39
17. Iraq is working to improve its domestic legislation and bring it into line with its international obligations; although current legislation does not in fact contradict international standards.
18. A committee made up of retired judges from the Supreme Judicial Council has been brought together to review all legislation.
19. A number of laws reflecting the standards contained in international human rights instruments have been issued:
• Anti-Human Trafficking Act;14
• Persons with Disabilities and Special Needs Act;15
• Drugs and Psychotropic Substances Act;16
• Inmates and Detainees Reformation Act.17
20. Bills are being prepared that reflect standards enshrined in relevant treaties on preventing torture and combating enforced disappearance. A proposal has been made to unify laws governing social insurance, protection and care for persons not in work. Decrees issued by the dissolved Revolutionary Command Council are being reviewed and one has been abrogated: a decree regarding the requisition and confiscation of agricultural lands around Kirkuk in order to protect the oilfields. A proposal has been made to amend article 219 and abrogate article 220 of the Code of Civil Procedure,18 so as to allow the possibility of appealing against rulings of the Court of Cassation, and to abrogate articles 268 and 290 regarding proceedings against judges who break the law. A proposal has also been made to abrogate article 130 of the Code of Criminal Procedure19 which gave investigating judges the right to close any case secretly and without a public trial.
2. Activities of national human rights institutions and other bodies
Recommendations 41, 42, 43, 44, 45, 46, 47, 48, 49 and 50
21. According to article 102 of the Constitution,20 the High Commission for Human Rights is an independent institution under the oversight of the Council of Representatives.
22. The Commission, which was set up in 2012,21 has legal personality and is financially and administratively independent. It is associated with the Council of Representatives and has branch offices across regions and governorates. Candidates wishing to apply to join the board of the Commission must be independent and possess expert knowledge.
23. The board of the Commission is made up of 12 full and 3 reserve members whose candidatures have been put forward by the committee of experts. The selection of candidates is validated by the members of the Council of Representatives. At its first meeting, the board holds a secret ballot to elect, from among its own members, a head and a deputy head by simple majority. The proportion of women on the board must be not less than three members while minorities must be represented by not less than one full and one reserve member. Membership lasts four years.
24. The table below gives details about allocations to the Commission in the general budget for the year 2013 and for the years 2015–2019.
Year
Total State budget
(expenses) (thousand dinar) No. of staff Operational Investment Total expenses
2013 138 424 608 000 111 20 675 000 0 20 675 000
2015 119 462 429 549 111 19 840 660 0 19 840 660
2016 105 895 722 619 111 10 898 430 0 10 898 430
2017 107 089 521 545 651 25 821 662 0 25 821 662
2018 104 158 183 734 651 25 340 779 326 511 25 667 290
2019 133 107 616 412 653 26 170 719 326 511 26 497 230
25. The Government constantly works to support the Commission. In 2016, 525 officials from the former Ministry for Human Rights were transferred to the Commission,22 as well as ministerial buildings and equipment at 2 sites in the capital and 14 others across most governorates, with the exception of Kurdistan Region.
26. The Commission discharges its responsibilities in complete independence and with the collaboration of government institutions and authorities of the judiciary.
27. A public prosecution service has been established pursuant to the Public Prosecution Act.23
28. The Commission has been awarded a B grading24 by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC).25
3. National human rights plan
Recommendations 60, 61 and 62
29. A workshop under the auspices of the UNAMI human rights office and of the Ministry of Justice brought together relevant bodies in different ministries, the High Commission for Human Rights and non-governmental organizations (NGOs) to discuss the draft of the national human rights plan 2017–2020.
30. The Council of Ministers issued a decree26 to relaunch the national human rights plan, which had previously been approved in 2011.
31. A national committee for coordination and follow-up was re-established by administrative order to follow up on the plan (see paragraph 3 of the present report) and a
standing secretariat for the committee has been created within the Ministry of Justice.
Coordination with the Government of Kurdistan Region in that regard is ongoing.
4. Public awareness of human rights
Recommendations 68, 69, 150 and 151
32. Ministries and other bodies have held staff training sessions on human rights and gender.
33. Law enforcement agencies operate according to annual plans that include training modules on the treatment of prisoners, the principles of international humanitarian law and awareness-raising about relevant women’s rights.
34. Between 2014 and 2018, the Ministry of the Interior held 855 human rights training sessions for its staff in which 25,376 persons took part. Between 2014 and 2017, the Ministry of Defence organized 19 courses attended by 674 members of staff.
Recommendations 190, 191, 192, 193, 194 and 195
35. Concepts relating to human rights have been introduced into educational programmes – in both Arabic and English – in order to disseminate a human rights culture at all levels. Such concepts play a role in building peace and social justice, protecting rights and fundamental freedoms, and rejecting violence. Parts of the Universal Declaration of Human Rights and the Iraqi Constitution have also been included, and programmes have been broadcast via the Iraqi educational satellite channel, with attention also being given to the issue of gender.
36. A human rights education plan is being implemented by Iraqi universities, which are incorporating human rights principles into their courses, training their staff and adapting their teaching environment.
37. An educational guide has been drafted on human rights and citizenship, aimed at educational establishments, school students and civil society organizations.
38. In cooperation with the United Nations Children’s Fund (UNICEF), the Ministry of Education is pursuing a national strategy for positive childrearing.
39. The Ministry of Justice is organizing training sessions on the principles and concepts underpinning human rights mechanisms. It has produced a booklet on the efforts the Government of Iraq has been making in the field of human rights since 2003.
40. The High Commission for Human Rights and the Independent Human Rights Commission for Kurdistan Region are seeking to engrain and nurture the values and culture of human rights through workshops, conferences, training programmes and the distribution of books and pamphlets.
5. Cooperation with human rights mechanisms
Recommendations 73, 74, 75, 76, 77, 78, 79, 80 and 81
41. With regard to recommendation 73, see paragraphs 3, 4, 5 and 6 of the present report.
42. Iraq continues to submit its reports periodically and to respect the deadlines.
43. A subcommittee was formed to draft the seventh periodic report of Iraq under the Convention on the Elimination of All Forms of Discrimination against Women.27 The subcommittee was chaired by the Ministry and had members taken from other competent bodies. The report was submitted in 2017.
44. In 2016, Iraq submitted its follow-up report to the Committee on the Elimination of Discrimination against Women regarding paragraphs 12 and 18 of the concluding observations on the combined fourth to sixth periodic reports of Iraq (CEDAW/C/IRQ/CO/4-6).
45. During the review of its first report in 2010, Iraq issued an open invitation to non- treaty mechanisms and, to that end, set up a special ministerial committee. In that regard:
• The Special Rapporteur on the human rights of internally displaced persons visited in 2015;
• The Special Rapporteur on minority issues visited in 2016;28
• The Special Rapporteur on extrajudicial, summary or arbitrary executions visited in 2017;29
• A date has not yet been set for the visit of the Special Rapporteur on torture.
6. Respect for international humanitarian law and human rights and ongoing reform of Iraqi armed forces and security agencies
Recommendations 99, 100, 101, 102, 103, 105 and 106
46. The Iraqi armed forces work with all national and international human rights bodies, and the army has been providing protection for displaced families, who number as follows across different governorates: Anbar 228,793, Diyala 36,495, Saladin 120,480 and Nineveh 577,785.
47. The Ministry of Defence has issued an experimental booklet entitled “Human rights in the army”, which covers human rights concepts, safeguards and protection mechanisms and explains how those rights have been enshrined in international instruments. The booklet will be tested over two years before being published in an official version.
48. Protection is being given to 15,192 families that have been displaced to the governorates of Najaf, Karbala and Al-Diwaniyah.
49. A standing committee on international humanitarian law has been formed30 under the leadership of the Secretariat of the Council of Ministers. The committee’s job is to develop plans and programmes to disseminate the principles of international humanitarian law. It also constitutes the Iraqi body envisaged under article 44 of the terms of reference (S/2018/118) of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (UNITAD).
50. The popular mobilization forces (PMF)31 have become part of the Iraqi armed forces and operate under the orders of the Commander-in-Chief. They have participated very effectively in eliminating ISIL terror groups and in liberating the areas those groups had overrun.
51. A committee for the reform of the security sector has been set up with teams in different ministries, and an integrated programme was drafted in 2017 under the oversight of the National Security Advisory.
7. National reconciliation
Recommendations 70, 71, 72, 152, 153, 154, 155 and 176
52. The Implementation and Follow-up Committee for National Reconciliation in the Office of the Prime Minister and the Commission for Accountability and Justice have made comprehensive institutional efforts to close the most important State-related dossiers, particularly those involving entities of the former regime. The institutions concerned facilitated procedures for sending staff of those entities into retirement and reinstated due legal requirements for work in government institutions. During the years 2007–2016, the procedures covered former staff of the Ministry of Defence and of the repressive security agencies of the previous regime, who were paid considerable sums of money.
53. Under the Federal Budget Act 2019,32 an end-of-service indemnity is paid out to members of the former army.
54. The bases of national reconciliation in Iraq are comprehensive resolution and comprehensive security in return for comprehensive involvement. Crises between different
forces are resolved through negotiation, and conflicts are rendered peaceful by the rejection of violence as a political card in favour of political compromise.
55. In collaboration with UNAMI, the Implementation and Follow-up Committee for National Reconciliation has contacted stakeholders both inside and outside the political process in order to reach some initial understandings. In response to requests from certain opposition stakeholders, the Committee did not announce those meetings, but all contacts took place within the framework of the Constitution. The understandings that emerged from this process will constitute the basis for negotiation. On that foundation, a practical plan for a definitive reconciliation agreement between the parties was developed. The plan envisages six phases of which three have already been achieved. Currently, the plan is in its fourth phase: that of deciding the representation of the negotiating forces for the remaining phases and, in particular, the phase of direct negotiations, which involves inviting accredited representatives to the negotiating table. The negotiations will focus on two issues:
• Agreeing on the principles and foundations for conciliation;
• Agreeing on a list of stakeholders’ reciprocal obligations with a defined time frame to fulfil the demands agreed by the parties, then producing a draft final agreement on the principles, the demands, and the list of reciprocal obligations (the final settlement). An initial name has been proposed for the reconciliation agreement: the Baghdad Document.
56. A national settlement initiative has been adopted in partnership with UNAMI. This is a community/national political settlement that aims to make Iraq a place of coexistence free from violence and subjugation. Ethnic, religious and community groups within Iraqi society are all participating in the initiative, under which all national stakeholders have reciprocal obligations and safeguards.
57. A law33 has been enacted to amend Act No. 20 of 2009, concerning compensation for persons affected by military operations, military errors and terrorist activities.
58. With a view to rehabilitating victims of the former regime and victims of terrorist activities, as well as PMF martyrs, in the academic year 2017/18, 9,036 persons were accepted into the “relatives of martyrs” intake for first-year university studies and 1,251 for higher level studies. Moreover, 315 ministerial officials have been granted study leave.
59. Following the liberation of lands formerly held by the ISIL terror organization, and in order to give effect to decrees regarding the Nineveh plains issued by the Secretariat of the Council of Ministers, a council of elders for peace in the Nineveh plains was formed in May 2018, with the involvement of representatives from all the plains communities.
60. A total of 35 buildings that had been despoiled were restored to their original inhabitants from the Christian community in Baghdad.
61. A law on a national agency to safeguard peaceful coexistence is currently undergoing its first reading before the Council of Representatives.
B. Collective rights
1. Promoting human rights during crises
Recommendation 63
62. The present report covers matters related to the death penalty, the rights of women and children, the rights of ethnic and religious groups and of other communities, and the right to opinion and expression. Please see the relevant paragraphs in the report.
63. Iraq and the United Nations signed a joint declaration regarding conflict-related sexual violence, which covered six areas.34
64. In collaboration with the United Kingdom, Iraq submitted a resolution to the Security Council35 regarding the establishment of an international team to investigate
crimes committed by the ISIL terrorist organization in Iraq and to bring perpetrators to justice in accordance with Iraqi law.
Recommendations 64, 65, 66, 67, 156 and 157
65. In August 2014, the directors of the Inter-Agency Standing Committee announced that Iraq was facing a level 3 emergency due to the seriousness of the humanitarian crisis it was experiencing.
66. The Joint Coordination and Monitoring Centre36 was established and works with the Secretariat of the Council of Ministers to manage crises, coordinating between the Iraqi Government and the international community. It is also responsible for coordination between the civil and military sectors during emergencies and it protects the right of civilian inhabitants to obtain humanitarian aid. Civil society participates in some of the activities and plays a coordinating role in efforts to manage the crisis of internally displaced persons.
67. Iraq has rolled out a strategy to restore stability to liberated areas and help them recover from the crisis. This includes a joint plan with relevant ministries to regenerate basic infrastructure, in cooperation with the United Nations Development Programme.
68. A committee has been formed to verify allegations of human rights violations submitted by the international alliance. The committee is headed by a representative of the Advisory Panel and has members drawn from human rights offices in the Ministry of Justice and the Ministry of Foreign Affairs as well as from Joint Operations Command and the psychological operations cell.
69. The Supreme Judicial Council receives complaints from victims in areas that were occupied by ISIL groups, then conducts investigations and gathers evidence. In 2014, 2,334 complaints were submitted to the investigating courts; in 2015, 6,472 and, in 2016, 4,753.
70. Trials were duly conducted against the offenders. In 2014, 85 per cent of cases were resolved; in 2015, 97 per cent and, in 2016, 96 per cent.
71. A judicial investigative body has been created to look into crimes committed against the Yazidi community.
72. The Presidency of the Republic37 has set up a committee of religious, social, tribal and political personages to examine how to deal with the problems the ISIL terror organization left in its wake, while the Council of Representatives has issued a decree38 declaring the cities of Mosul and Tal Afar as disaster areas.
73. An administrative order39 regarding trespassed housing in the governorate of Nineveh has been issued to address the problem of displaced persons’ homes being occupied by other families.
74. Under the 2019 federal budget40 the Ministry of Finance is responsible for the interest on loans granted to citizens whose homes were destroyed or damaged following occupation of their areas by ISIL terrorist groups or as a result of military operations.
75. A high-level committee has been formed in Kurdistan Region to document the crimes committed against members of the Yazidi community by ISIL terrorists. The committee has made considerable progress in recording those offences before the courts, particularly those against women and girls.
76. Another committee in Kurdistan Region is gathering information about and following up on abductions by ISIL terror groups. As of 4 April 2019, 3,425 persons had been rescued: 1,170 women, 337 men, 1,002 girls and 916 boys, while a total of 2,992 persons are still being held: 1,379 women and 1,616 men.
2. Equality and non-discrimination
Recommendation 98
77. Neither the Constitution nor domestic law contain any provisions that discriminate against particular groups on grounds of sexual orientation or gender. The law protects rights
and freedoms while the courts investigate violations that any group may suffer and pursue offenders to ensure there is no impunity.
78. The Political Parties Act41 includes provisions regarding the representation of women in the founding bodies and on the general councils of political parties.
79. Elections to the Iraqi Council of Representatives were held in May 2018. A total of 6,990 candidates participated, 4,979 men and 2,011 women, with women taking 25.2 per cent of seats (see annex 3).
80. Elections were held in September 2018 to choose the 111 members of the Parliament of the Kurdistan Region. A total of 673 candidates belonging to 29 different political groups took part with 11 seats being allocated to minorities. The proportion of female candidates across the political groups in the parliamentary elections is not less than 30 per cent.
81. An administrative order42 has been issued for the formation of a committee, under the leadership of the Secretariat of the Council of Ministers and with members from other relevant bodies, which is responsible for implementing a decree of the Council of Ministers regarding the rights of the Feyli community.
82. A team is to be set up, under the leadership of the inspector general of the Ministry of Finance and with members from other relevant bodies, to draft a bill regulating the rights of the Feyli Kurds.
83. The Ministry of the Interior is seeking to restore the nationality rights and legal status of the Feyli Kurds. It is similarly engaged in removing all annotations, such as
“frozen”, “blacklisted”, “cancelled”, “abrogated” or “exiled”, from their personal records.
84. Roma people are registered when they apply to offices within the civil information system and are being provided with identity cards.
85. The procedures followed by the passport office of the Ministry of the Interior do not entail any form of discrimination.
3. Right to development
Recommendations 217, 218 and 219
86. A number of measures are being taken to implement the national development plan 2013–2017:
• Urban renewal studies have been updated and developed;
• Industrial areas have been identified in governorates;
• A rural development survey was conducted in 2016;
• An urban planning law is being developed;
• Inducements are being offered to the private sector;
• Investments are being fairly distributed across governorates.
87. Iraq has taken steps to follow up on its Compulsory Education Act43 with assessment committees in the general directorates of the Ministry of Education, which determine the numbers of persons covered by the Act each year. Schools for adolescents and accelerated learning schools have been established for children in the 10–15 and the 12–18 age groups who abandoned basic education. In the academic years 2016–2018, this covered camps of displaced persons and their host communities as well as students aged 18 and over who were able to sit the secondary level examination externally.
88. Iraq has acceded to multilateral environmental treaties,44 which it is implementing in the context of its own national plan for sustainable development.
89. Work is continuing on projects for the sustainable management of universal water and sanitation, in order to achieve one of the goals of the 2030 Agenda for Sustainable Development.45 Investment is being encouraged in the following fields:
• The construction of solid-waste recycling plants;
• Agricultural development and the reclamation of land to increase agricultural production;
• The development of a skilled workforce;
• The discovery of means to limit and treat radioactive contamination.
4. Combating terrorism
Recommendations 220, 221, 222, 223, 224, 225, 226, 227, 228 and 229
90. The Anti-Terrorism Act46 came into law under extraordinary circumstances that still persist today. Nonetheless, the courts make every effort to ensure that the Act is not used as a pretext for arbitrary arrest or detention, while public prosecutors help to assess current legislation and monitor the extent to which it conforms to changing circumstances.
91. The Anti-Terrorism Act and the Criminal Code47 both include provisions envisaging severe penalties for attacks against citizens or their religious sites for racial, ethnic or sectarian motives.
92. A committee made up of experienced and expert judges conducted a study into the possibility of amending the Anti-Terrorism Act to penalize all perpetrators of terrorist offences, including abduction and sexual violence, and a bill to amend the Act is currently undergoing its first reading in the Council of Representatives. The same committee also considered reforms to the legal system, and a bill amending the Code of Criminal Procedure is currently being put to the vote.
93. A national policy has been developed to regulate arrest and detention procedures for persons suspected of terrorism or other major offences. The policy includes provisions whereby suspects may not be detained for extended periods without a judicial warrant and regulates procedures for arrests at checkpoints. The recommendations were ratified by the National Security Council in 2017.
94. In January 2019, the Department for Forensic Medicine announced that it had exhumed the remains of 1,237 victims of the Camp Speicher massacre, who had been murdered by ISIL terror groups. Of that number, 764 have been identified and handed over to their relatives while the rest are still being examined.
95. A standing committee on international humanitarian law is examining the violations committed by terrorist groups in the areas overrun by the ISIL terror organization. It has referred recommendations in that regard to the Presidency of the Government, including the recommendation to enact a law on international crimes and to identify the courts competent to apply such a law.
96. A national policy on security management in liberated areas has been drawn up and referred to the National Agency for Intelligence Coordination.
97. International cooperation in this field takes the form of monitoring borders and preventing the movement of terrorist elements.
98. The National Security Advisory’s centre for joint planning, in coordination with other relevant bodies, has drafted a national policy to regulate firearms and restrict their use to State entities. The policy has been referred to the Ministry of the Interior for application.
99. According to statistics produced by the Ministry of Health, 2018 saw a significant drop in the numbers of Iraqi victims of terrorism, as compared with earlier years, thanks to an improvement in the security situation. The figures are as follows:
Wounded Killed
Year
Men
Women Children Total
Men
Women Children Total
Civilian Military Civilian Military
2014 10 314 17 796 1 284 878 30 272 3 118 2 398 248 209 6 532
2015 4 088 31 337 567 435 36 427 1 587 2 552 199 114 4 452
2016 3 476 23 119 426 333 27 354 1 465 2 430 147 109 4 151
2017 5 069 29 043 1 346 1 531 36 989 2 400 3 301 630 657 6 988
2018 1 522 2 927 168 218 4 835 1 084 672 166 108 2 030
C. Civil and political rights
1. The right to life and the death penalty
Recommendations 117 and 118
100. The death penalty is used only for the most serious crimes48 such as grave offences against the person and certain terrorist offences. Under the law, death sentences can be handed down by the competent courts and are automatically appealed before the Federal Supreme Court. Once the Supreme Court has upheld the death sentence, it is submitted to the Presidency of the Republic for ratification then carried out by the Department for Corrections in the Ministry of Justice.
101. The death penalty has not been used in Kurdistan Region since 2005 save for an isolated instance in 2008 when it was used in one very rare case.
2. Independence of the judiciary, administration of justice, prevention of impunity and the rule of law
Recommendations 142, 143, 144, 145, 146, 147, 148 and 149
102. The Constitution stipulates that the judiciary is independent and subject to no authority other than that of the law.49 All Iraqis enjoy full equality in legal proceedings and have equal guarantees to a fair trial. Cases of corruption are investigated by the Commission on Integrity.
103. With a view to ensuring impartiality and independence, the courts deal with cases of impunity and reparation for victims, as well as access to justice for all. They also take the steps necessary to conduct confidential and comprehensive investigations of human rights violations and abuse.
104. The Supreme Judicial Council, which has legal personality and is financially and administratively independent, oversees constitutional, legal and judicial developments in Iraq.
105. The separation of the Judicial Institute50 from the Ministry of Justice and its affiliation with the Supreme Judicial Council, and the independence of the administrative courts and of the civil service courts as represented on the Council of State following its separation51 from the Ministry of Justice have reinforced the independence of the judiciary.
106. Acting promptly and independently, the competent investigating courts, in coordination with security agencies working at their command, have taken the necessary legal steps to interrogate persons suspected of serious human rights violations. Persons against whom there is sufficient evidence are then referred to the competent courts.
107. In cooperation with the relevant international organizations, Iraq is striving to build the capacities of officials involved in judicial investigations.
108. The judiciary is under an obligation to investigate reports of human rights abuses, including offences committed by the ISIL terror organization, in accordance with the Code
of Criminal Procedure, and to hand down citizens against persons proven guilty in accordance with current criminal laws.
109. The Supreme Judicial Council has set up a special judicial body, based in the governorate of Nineveh, to investigate terrorist offences committed against Yazidis.
3. Freedom of opinion and expression
Recommendations 165, 166, 167, 168, 170 and 171
110. The Media and Communications Commission has issued regulations52 governing the broadcast media in Iraq. These include codes of professional conduct for the media, rules regulating media broadcasts, general guidelines on accuracy and balance in news reporting and non-incitement to violence and hatred, and rules on media coverage during elections.
These provisions provide minimal restrictions on media outlets, in line with best global practices in that field.
111. A bill on freedom of expression, assembly and peaceful demonstration is currently undergoing its second reading before parliament.
112. Legislative amendments require the enactment of laws, and the law currently in force responds effectively to the needs of the present moment vis-à-vis the duties and requirements of journalists.
113. The Media and Communications Commission53 seeks to facilitate the work of journalists by ensuring they get the legal permits necessary to access the information they require to carry out their job, as set forth in law. It also seeks to help foreign journalists in Iraq.
114. The work of journalists is regulated by the Iraqi Media Association Act under which the State has an obligation to protect journalists’ lives and dignity, and their freedom to work. The murder of journalists during the course of their duties is pursued under the Criminal Code and the Anti-Terrorism Act.
115. A ministerial committee54 has been created to follow up on all cases of attacks against journalists in Iraq and to respond to appeals and communications in that regard issued by the United Nations Educational, Scientific and Cultural Organization (UNESCO).
116. In Kurdistan Region, the freedom of the press and of journalists is protected by law.
4. Combating human trafficking
Recommendations 137, 138, 140 and 141
117. The Ministry of the Interior has arrested persons suspected of involvement in the organized criminal networks responsible for human trafficking. They were interrogated and sent for trial where many of them were found guilty of offences under criminal law and sentenced to a range of penalties which, depending upon the gravity of the offence, went up to life imprisonment.
118. Investigative committees have been set up in the capital, with 13 branch offices in the governorates, and are being assisted by specialized officials from the Ministry of the Interior.
119. Statistics for the years 2016–2018 relative to human trafficking in Baghdad and the other governorates, with the exception of Kurdistan Region, are as follows:
Year Investigated cases No. of persons accused No. of persons convicted
2018 362 413 56
2017 266 244 22
2016 314 311 17
120. A total of 85 cases have been definitively concluded by criminal courts in Baghdad and other governorates, with the exception of Kurdistan Region.
121. An initial amendment has been made to the statutes regulating care homes for victims of human trafficking.55 It includes provision for the establishment or one or more homes in the governorate of Baghdad and in other governorates, to be known as care homes for human trafficking victims and affiliated with the Ministry of Labour and Social Affairs’
Department for Persons with Special Needs. In cooperation with the Ministry of the Interior, civil society and international organizations, a shelter – the Beit al-Aman – has been opened to take in, care for, and rehabilitate victims of both sexes.
122. In coordination with the Ministry of Health and the Environment, the Ministry of the Interior has set up legal teams to draw up a tissue typing questionnaire for organ donation procedures.
123. Numbers of victims of human trafficking in the years 2016–2018:
Year
Sexual
exploitation Forced labour Children Begging Organ donation Total Female Male Female Male Female Male Female Male Female Male
2018 74 0 10 0 0 1 2 7 1 3 152
2017 31 0 0 5 3 2 0 0 0 0 41
2016 16 0 0 2 2 5 0 0 2 2 29
124. Foreign workers are assisted by the Ministry of Labour and Social Affairs, in cooperation with the Ministry of the Interior’s Department for Residency Affairs and the International Organization for Migration (IOM), and support is provided to victims.
125. In Kurdistan Region, a high-level committee has been formed to combat human trafficking,56 under the leadership of the Ministry of the Interior and with members from other relevant bodies. In addition, subcommittees have been created in the governorates of the Region to take the necessary legal and practical measures, impose financial penalties on offenders and provide shelter and protection and repatriation services for victims.
5. Combating torture
Recommendations 121, 122, 123 and 124
126. The Constitution of Iraq designates all forms of torture as a criminal offence.57 127. Investigations into allegations of torture and ill-treatment are conducted promptly before courts of investigation, including human rights courts of investigation in each appeal-court jurisdiction. Under article 218 of the Code of Criminal Procedure, confessions are inadmissible if they were extracted by coercion.
128. Extracting confessions by torture is a crime. No official from the executive arm plays any role in the investigations, which are the exclusive prerogative of the judiciary.
129. Special committees have been formed in Kurdistan Region to examine the facts behind allegations of torture made by accused persons and detainees.
130. Iraq has extended an open invitation to the Special Rapporteur on torture and it receives communications in regard to allegations of torture.
D. Economic, social and cultural rights
1. Information about poverty
Recommendations 172, 173, 174 and 175
131. The effective implementation of the first poverty reduction strategy 2010–2014 began in 2012. Between 2012 and 2015, 48 of an original 87 activities were carried out and a total of 199 projects were completed.
132. Between 2012 and 2016, a total of 1.6 trillion Iraqi dinar (ID) was allocated for activities under the first strategy.
133. The first strategy contributed to reducing the poverty rate from 22 per cent in 2007 to 15 per cent in the first half of 2014. From the second half of the same year, the poverty rate went back up to 22.5 per cent as a result of falling oil revenues and the war against the ISIL terror organization. The rate also went up in Kurdistan Region, from 3.5 per cent to 12.5 per cent, as a result of the wave of displaced persons.
134. The poverty rate redoubled in governorates directly affected by the terrorism of ISIL, whereas the impact in the rest of the country was limited.
135. The State banking sector has been working to implement the Central Bank’s financing strategy for small and medium-sized businesses, in order to stimulate the private sector.
136. There were 11,090 borrowers during the period 2010–2016. A total of 24,033 loans were disbursed for income-generating small businesses between 2013 and 2017, 370 loans for industrial services between 2015 and 2017, and 388 loans for community rehabilitation projects between 2007 and 2017. As for social protection, 664,424 men and 418,616 women were covered by the third payment in 2017.
137. In coordination with certain governorate councils, low-cost housing projects for the poor were incorporated into the investment programme budget for the development of regions and governorates during the period 2014–2016.
138. In order to relieve the burdens on the poor, technical committees in the governorates have been at work to demarcate areas of informal settlement.
139. The second poverty reduction strategy 2018–2022 aims to decrease poverty by 25 per cent. It envisages 32 activities grouped under six different outcomes:
• Higher and sustainable salaries for the poor;
• An improvement in levels of health;
• Education for the poor;
• Suitable housing and an environment responsive to needs;
• Effective social protection for the poor;
• Emergency response activities.
140. The second strategy focuses on the following sectors: income, education, health, housing and social protection. It also includes specific activities intended to respond to the emergency situations provoked by forced displacements from areas overrun by ISIL.
141. The main elements of the strategy also constitute the principal foundations of the Iraq Vision 2030 to achieve the Sustainable Development Goals:
• Identifying opportunities to generate sustainable income;
• Building and empowering human capital;
• Establishing an effective social security network.
142. A high-level committee for the administration of poverty reduction policies has been formed, led by the Prime Minister and with its membership made up of the heads of
